Sadanand B. Panchal
03 August 2012 at 16:50
Dear Experts,
I am residing at Shantaram Chawl constructed in 1933. The Chawl situated at a plot (X ) for which Property Register Card shows Original Occupant as Rodrigues. In the year 1973, the said owner had executed a conveyance deed to convey the plot (X) to one Co-operative Housing Society by a Deed of Conveyance under which the said Rodrigues (shown as occupant in P.R. card) had shown his property as “ The vender being absolutely siezed and possessed or or otherwise well and sufficiently entitled to the land hereditaments and premises together with the several structures standing thereon save and excepting those belonging to Shantaram situate lying and being at Survey no. 316...... and more particularly described in the 1st Schedule-I herein after written (hereinafter referred to as “the said property”) has by agreement by sell dated 17th day of April 1972 agreed with the confirming party at or for the price of Rs. 3,25,000/- calculated for area of 2470 square yards....”
The said deed of conveyance was signed on 28-02-1973 and Registered at the office of the Sub-registrar on 1-03-1973 and the schedule-I of the properties was shown as “ All that piece and parcel of the land hereditaments and premises together with the several structures standing thereon save and excepting those belonging to Shantaram situate lying and being at Survey no. 316......”
1) Please explain me whether this contract deed or Schedule-I had excluded those structures with land belonging to Shantaram from operation of the contract?
2) Please explain me whether this contract deed or Schedule-I had excluded only those structures belonging to Shantaram from operation of the contract, not land belonging to Shantaram?
3) By obtaining the above referred deed of conveyance the said Co-operative Housing Society is claiming to be the absolute owner of the entire plot and also constructed a 16 storied building by fraudulently utilizing a quantum of T.D.R. of our Chawl without consent of the owner and occupiers of the Shantaram Chawl. Please explain me whether the building permit granted to the said society is null and void or not?
Thanks in advance for your prosperous help!
Sadanand B.Panchal
vipul
03 August 2012 at 11:57
sir,
There is a partyA(died), she was a Govt employee. Govt allotted some land to her and she paid all amount to Govt. She has two sons PartyB and Partyc.
Before PartyA died she made a will on the plain papper with a revenue stamp signature across it stating that after her death her property should be given to childrens
of partyB and partyc. They both together have 7 childrens.
Govt made a registered sale deed document on the name of PartyC and wife of partyB(as party B and partA died).
Now at present childrens of Partyc are married.
Partyc and wife of PartyB had a registered partition deed among themselves without including their childrens.
partyc constructed a building after having the partition and i was unaware of the will and i purchased ground floor by having registered sale deed.
Now after 2 years PartC daughters approached court for their share as her grand mother had left will on their name. PartyC daughetrs are claiming the partition deed
between Partyc and wife of partyB is not correct as they are not included in partion according to their grand mother's will.
PartyC daughters has not included me in the court suit.
As they have approached court for their share and we have purchase based on the Govt sale deed to partC and wife of party B and partition deed between them, what implication could happen to us.
What are the measures we need to take. Can court dismiss the partition deed between PartC and wife of PartB.
Please provide your suggestions as i am confused as what i need to do in this scenario.
Vishal Gupta
03 August 2012 at 09:55
I am trying to buy a DDA flat. HDFC has refused the loan for the same for the following reason :
1. GPA executed between Seller & Buyer (one of the 4 past transactions) in March, 2001 is not registered.
2. This GPA is accompanied by Agreement to Sale and an Affidavit which says that the GPA is irrevocable. HDFC is asking for Will from Seeler in favor of buyer in addition to GPA, ATS & Affidavit.
DDA has issued conveyance deed for this flat in 2005. It has been sold once after the freehold conversion as well, by duly registered Sale Deed in 2005.
Is HDFC legally correct in asking for these documents ? Is there any issue with property title with existing documents ?
ashit
02 August 2012 at 18:24
XYZ Company Ltd. entered into lease agreements with various parties who are legal owner of land & building. XYZ Company Ltd. entered into agreement with various Banks to install ATMs in the various locations of Assam in the rented premises as stated above. XYZ Company Ltd. is a service provider to the various Banks by installing ATMs in various locations of Assam.
Who will liable to apply for Trade Licence to the Municipal Corporation/Municipal Board/Gaon Panchyat ? XYZ Company Ltd. or respective Bank ?
Kindly clarify the matter
Prathamesh Jadhav
02 August 2012 at 17:02
When the Property i.e. land transfer takes place from one person to another then the ferfar number is mentioned on 7 X 12 utara. my grand father owned a land on which his name is mentioned as owner. i had taken a search with tehsil office for all 7/12 and all ferfar since 1949-50 till date. i am not getting the ferfar number mentioned on any 7/12 or not getting the details of transfer i.e. how the transfer takes place. i have also searched gat utara (ektrikaran) on which old survey number is mentioned and now converted to gat number. there also i am not getting any jawabs etc. before 1965-70 the same land was owned by my great grand father. then how to find out nature of transfer from great grand father to grand father.
Nilesh
01 August 2012 at 19:36
My ancestral land in Maharashtra was acquired for public purpose in the year 1908, but partial land was acquired and and remaining land was in possession of other persons and there is a provision for rehabilitation for landless persons How I can apply for the same and what is the period of limitation for making application plz guide me how to apply and under what provision
Sagar
01 August 2012 at 16:07
Hello,
I have heard that a service tax (House/Home)(2.5%) applied from 2010 is now exempted by government, is this news confirmed. I asked my builder but they said we did not receive any such circular. Could you please help me, whether government has really exempted service tax from property or not. If yes where can I get the reference?
-Sagar
ajit
01 August 2012 at 13:27
Can gift of money in lacs be made to a trust created for the benefit of a son.
Can the traust utilise the money for giving loans to the third party.
Whether GIFt tax is payable.
Can gift be made to the son at first . Than the son in trun donate the amount in the trsut created for his benefit.
Can the son charge loan on the trust
please advise in both cases
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